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The Legal System Of The Western Han Dynasty And The Social Stratum Change

Posted on:2016-01-30Degree:DoctorType:Dissertation
Country:ChinaCandidate:K ChenFull Text:PDF
GTID:1105330461963071Subject:Legal history
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Social stratum, as a common social phenomenon, has long existed in China’s traditional society. The sages at the Axial Age have already constructed related theories, among which lie Xuncius’ ideas that with law and discipline as the standard, proper social stratum differentiation would be of help to govern a state and the traditional society employs law and discipline as primary regulatory tools. Such classical theories at the Axial Age were proven in Western Han Dynasty when the traditional Chinese society was starting to form. The nobility, the bureaucrat, the merchant and the freelance fighter, representing four typical groups in the social stratum, are chosen as study subjects. Together with the ancient messages of law contained in the excavated and handed-down documents, changes in the social stratum have been explored, unveiling how the supremo of the Western Han Dynasty ruled the state by virtue of varying designs of law to steer the changes of social stratum. And the study of the changing process, in return, would reinforce readers’ understanding of the legal system in Western Hand Dynasty. This article consists of introduction, body(5 chapters) and conclusion.The introduction, in the first place, explains the cause of the topic, its meanings and value, followed by the demonstration of the history of related fields. In addition, the employed study methods and key points are stated. The five chapters of the body would discuss the topic from the following five aspects:Chapter one discusses legal institution and the basis of social stratum changes. Legal institution and social stratum are deeply rooted in politics, economy and culture, thereby it is necessary to analyse the three elements and their developments in Western Han Dynasty. For politics, the establishment of monarchy and its notably centralisation of power have been demonstrated from the aspect of the system of prefectures and countries as well as from the point of the bureaucracy. For economy, the ‘relatively free’ economy at the beginning of Han Dynasty transformed into a more controlled one in the mid-term which presented state monopoly, physiocracy and business restriction. For culture, the theory of social stratum differentiation and the approach of conferring one the official position in accordance with his capability prevailed. Though ‘capability’ was defined differently at different stages, the policy of Confucianism Worship Alone promoted by Hanwu Emperor corrupted ‘capability’ as the expertise of Confucianism. All the three elements combined decided the shape of legal institution in Western Han Dynasty, whereby redirecting the changes of social stratum.Chapter two is mainly about decrees and the vicissitude of the nobility. Apart from inheriting the monarchy from Qin Dynasty, the emperor of Western Han Dynasty also used written promises and oaths to award the benefactors of the Dynasty, granting them political, financial and even military privileges. However, the power of the nobility always endangered the mighty of the emperor. So this inherited conflicts predetermined that the war between the two are inescapable. Emperor enacted a range of orders and decrees to slice off the power of the nobility. Faded away the glory and power of the nobility, the emperor became the sole powerful one.Chapter three explains the selection systems of government officials and Confucianised government. The effective bureaucratic system based on the official selection system was a must for the emperor to govern the state. The selection system of Western Han Dynasty was inherited from Qin Dynasty. Since the mid-term of the Dynasty it developed the preference of Confucian scholar and Confucianism. It is safe to say that Confucianism and the official selection system together promoted the changes in the bureaucracy. The proportion of officials who advocated Confucianism increased and their prime time came- Confucian officials responded to the construction of law institution and many representatives achieved great contributions. Confucianism rode the tide flooding the system of legislation and adjudication and becoming the supreme school of thought. Essentially, it is to consolidate the control over cultural field that the ruler of Western Han Dynasty introduced Confucianism into the selection system.Chapter four illuminates how the financial decrees incurred the varied identities of merchants. Legal institutions of Western Han Dynasty, at most of the time, were not the friend of merchants. The decrees would prescribe the lifestyle of the merchants and prevent them from becoming an official. There were also forced migrations of merchants in the history. The government under Hanwu emperor presented the merchants darkest days. A wide span of decrees, such as currency reform, indicated severe restriction on the business development. However, for the sake of national economy and the people’s livelihood, some decrees benefiting business were also introduced, for instance, Tong Guan Liang and Prohibition of Chi Shan Ze. Moreover, to some degree, measures like currency reform could be interpreted as the government’s paying attention to business. Under this social ambivalence, some merchants bought lands and conducted varied businesses, becoming a big landlord while others took advantage of decrees becoming government officials. These seemingly opposing decrees are actually helping each other, ultimately serving the governmental goal of controlling the economy and securing its rule.Chapter five demonstrates the relationship between regulations and the changes of freelance fighter. In the first place, freelance fighter was defined as one who gains approval from others by his will and actions, and builds a connection network with himself as the centre. This network was the basis of freelance fighter’s actions. In general, freelance fighters were labeled as two groups. one would commit crimes and break the government-promoted social order, involving fleeing after committing crimes, illegal fights, illegal revenges and bully actions. On the contrary, the other referred to freelance fighters who always help the weak and disadvantaged, assist the central and local government to govern, like aiding the poor, mediating the personal disputes. The two groups of freelance fights exerted totally different influences on the social order, so the regulations also prepared respective plans for them. The transformation of freelance fighter occurred at the middle and later periods of Western Han Dynasty. Some of them reshaped their will and behaviour, becoming more ‘regulated’, while the others gave up their freelance fighter identity and gained a state-recognised one, such as government official. The ruler of Western Han Dynasty with the aid of decrees managed to transform the freelance fighters, and further strengthened its authority.All in all, during that time, the ruling group lead by the emperor, with the legal culture of the late Qin Dynasty in the picture, upon the unique conditions of politics, economics, culture and their developments in Western Han Dynasty, exerted influences on all the walks of the society in the name of rule of law, eventually achieving the goal of governance. Furthermore, the vicissitude of the nobility, the bureaucracy, the merchant and the freelance fighter unveiled the vital functions that the legal institution had served in unifying, shaping, regulating and balancing the society as well as in allocating the social benefits.
Keywords/Search Tags:Legal institution, social stratum, centralization of power
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